Required Health Testing For Known Sperm Donors – No More?

As we discuss in our article on the legal requirements in the United States on sperm donation by “known” sperm donors, the U.S. Food and Drug Administration (FDA) requires expensive testing to be conducted on the sperm of persons who are donating their sperm (costs can run close to $1000, and fines can be charged if this requirement is not followed). However a recent case filed in a California court challenges that requirement, stating that as long as these known donors aren’t charging, this is violates the rights of the parenting partners (both donor and recipient) to “privacy, bodily integrity and autonomy, liberty, life, due process and equal protection” as guaranteed by the U.S. Constitution.

You can read more about the sperm donor case here.

What do you think? Should the government be able to regulate sperm donation that occurs directly between two parenting partners where payment is not involved?